Can I still file for unemployment or have a case against my company?

UPDATED: Aug 5, 2012

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Can I still file for unemployment or have a case against my company?

I have been at my job for almost 8 yrs and have been trying to get on 1st shift for months now. I applied for some jobs at work and all of them got taking off our posting bd and I was told that they were no longer needed at my workplace they enforce you apply or you do not get the job. However come to find out they promoted a former lead that was demoted formally to the position that they took down after I applied and told me it was no longer needed. My manager has also been harrassing my supervisor about me everytime I leave making sure I have PTO even though he has nothing to do with it,.

Asked on August 5, 2012 under Employment Labor Law, Kentucky


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, you can sue your company while filing for unemployment. Be aware however that--

1) You are only eligible for unemployment benefits if you are fired, and not for cause. If you are fired for cause or quit/resign, you may not receive unemployment.

2) As a general matter, there is no obligation to promoste or transfer an employee, and your company could simply refuse to give you the jobs you wanted.,

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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